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Dossier
Management of Probation in Berlin
Berlin is divided into four “work sectors”, which are sub-divided based on geographical
criteria. each of these sectors deals with cases where the offence is committed within its
jurisdiction. Belonging to a particular sector has the advantage that the key individuals
involved (including local judges) do not change, supporting the development of a strong
professional network and relationship between the various agencies involved. each sector
designates a representative who then carries out the associated duties within the sector for
a period of roughly one year.
the representatives of the four sectors meet once a month with the directors of
the probation offices in order to discuss specific issues. there is also a scheduled monthly
meeting with all of the 42 probation officers, covering all four sectors, and the directors
of the probation offices. the administrative work within probation is carried out by the
probation office’s administrative department, the chancellery and by an “extra” functionary
who provides support when the workload exceeds the existing internal human resources.
the administrative office of probation services records and manages, by means of a specific
programme, all of the data associated with the cases and makes this available to the
probation officers.
Unique Aspects of the Application of the Penal Code for Minors in Berlin
We have said that the legislative framework in regards to the assistance and
services provided while on probation is determined by the penal code for minors.
However, it is also necessary to state German federalism provides for a great deal
of freedom in the application of the code. the autonomy is heavily reflected in the
application of the penal code in Berlin. according to paragraph 21 of the penal code
for minors, the judge has the right to give recommendations and orders in regards to
the minor’s lifestyle, but in Berlin the orders are traditionally made by the probation
officer involved in the case. this task can also be delegated to another body and is not
the primary duty of probation services. another unique aspect in the application of the
penal code for minors in Berlin regards the delay in the execution of the sentence, for
example when a minor is given a custodial sentence, it is possible to delay the execution
of the sentence by six months. if, during these six months, the minor demonstrates
a notable change behaviour, then the court will present probation as an alternative
to the custodial sentence. this decision is quite common in Berlin. approximately 60
percent of offenders who are sentenced in this manner are placed on probation after
six months. there is also an option that may be applied if, at the time of the verdict,
it is not clear that clear the offence was committed with the “intent to harm”. the
penal code for minors uses the terms “severity of the crime” and “intent to harm”
throughout. When one of these two factors, or both, prevails, then a custodial sentence
is called for. if however, at the time of the proceedings the presence of these factors is
not clear, then the decision to impose a custodial sentence is postponed by two years.
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